Order entered April 18, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01467-CV
CERGON, INC. D/B/A PRIMO'S BAR & GRILL AND EDWARD CERVANTES,
Appellants
V.
CHEUNG-LOON, LLC, Appellee
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 08-9267-G
ORDER
The reporter’s record in this appeal was originally due November 21, 2013. Based on
court reporter Vielica Dobbins’s February 6, 2014 representation that she had been experiencing
ongoing “medical challenges” but had “hired help to catch up on my records” and could file the
record by February 26, 2014, we granted her the requested extension of time to file the record.
When she failed to file the record by March 6, 2014, we extended the deadline an additional two
weeks, ordered her to provide us the contact information of the person she had hired to assist
with the record, and ordered her to not sit as a court reporter until the record was filed. When
she failed to comply with our directives regarding the contact information and record by March
28, 2014, we ordered her to provide us the requested contact information by April 1, 2014, to file
the record by April 7, 2014, and to continue not to sit as a reporter. To date, she has neither filed
the record nor responded to our orders.
Because this appeal cannot proceed without the record, and given Ms. Dobbins’s
apparent ongoing health issues, we ORDER the Honorable Dale Tillery, Presiding Judge of the
134th Judicial District Court of Dallas, Texas, to conduct a hearing and make findings as to (1)
whether Ms. Dobbins is being helped with the record, (2) if she is being helped, the name and
contact information of that person, (3) whether Ms. Dobbins’s notes should be surrendered to the
trial court for another reporter to transcribe, and (4) if the notes should not be surrendered, the
date the record will be filed. The findings shall be filed in a supplemental clerk’s record within
thirty (30) days of the date of this order. Our previous order that Ms. Dobbins not sit until the
record is filed remains in effect.
We DIRECT the Clerk of this Court to send a copy of this order by electronic
transmission to Judge Tillery, Ms. Dobbins, and all counsel of record.
We ABATE the appeal to allow the trial court to comply with this order. The appeal will
be reinstated thirty-five days from the date of this order or when the supplemental record is filed,
whichever occurs sooner.
/s/ ELIZABETH LANG-MIERS
JUSTICE